Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-04-14
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been fled with the
Register and Receiver they become q part Of
the record, and can neither be withdrawn nor
returned, but must be transmitted TO the Gen
erAl Land ONCE.
An application will be rejected when the
scription Of the premises 10 erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge Of the Register.
~Second-The notice was not published in 9
newspaper designated a. published nearest the
claim.
Third-Rscord title was found defective.
and
Fourth--A previous application had been
made for the same premises, which was with
drawn pending . suit in Court commenced by
the adverse
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located In accord
ance with law.
Where several parties own separate and dis
tinct portions of q claim, application for
patent may be made by either for thai portion
OF the claim owned by him: but where so.ersl
parties own undivided interests in : mining
claim all should join In an application for .
patent.
A person or association may purchase as
kAeSoA N@AAS ~ tho AOb6A hWA Ill
and embrace them all In one application for G
patent.
Two or more lodes cannot be embraced In
one Application for Q patent except for placer
claims embracing two Or more lodes within
their boundaries
Papers sworn TO before any person purport-
ing to act as q deputy for the Register and Re-
ceiver cannot be recorded as evidence.
In all patents for mining claims situated
within the interior boundaries OF . town site
. clause Is inserted excepting and excluding
all town property, rights upon the surface,
and all houses. buildings, structures, lots,
blocks, streets, alleys or other municipal i'm
| provements not belonging TO the grantee here
In. and ell rights necessary or proper to the
occupation, possession and enjoyment Of the
same"
Publication of notice must be made o only
one newspaper for the period Of 60 days.
Notice must be published 10 consecutive
weeks In weekly newspapers. and In daily
newspaper 60 days must elspse between the
frat and last insertions.
Where the Register designstes the daily issue
Of 9 L newspaper fer publication Of notices of .
mining application for patent Ii 10 not Q COM
pliance with law 10 change to the weekly edi-
tion OF the same paper without authority Of
the Register.
land withdraws 1t from the operation of the
homestead and presumption laws. A hearing
for the purpose OF proving the agricultural
character Of such land 10 not allowed. Land
l cOnLhiuluR vblukDAe uepO8itn OF 6latc NAY De
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must Ale 9 separate and
distinct claim agsinst each application which
| 1t 10 alleged conflicts with The premise owned
| by such adverse claimant.
| The papers IN an adverse claim, once hied
cannot be withdrawn. but becone % Q part Of the
record.
When an adverse claim has been nled IL can.
| mt ba amanded an aR IN atnhrara n larUar nrr
ton of the premises than that described In the
| original adverse claim.
An adverse claim must be made out In
| proper form and filed In the proper local OIL CO
during the period of publication OF the appli-
cation for the patent to be effective.
1t is the duty Of the adverse claimant o
commence suit In proper form within the re-
CURED time, and IL he trusts the uncertain
medium Of the United States mail he must
abide the consequences. should the delay
ensue, through misfortune or accident Should
the failure to commence suit be the result Of
the cor rupt or dishonest action OF his attorney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de-
tail the facts upon which he bases his adverse
claim. A statement in general terms, embody.
facts specially, will not be considered Ia evil
denee.
An adverse claimant should show q compli.
ance with the local laws in recording his claim
and in regard to expenditures. and shall nle =
copy Of the original notice OF his location, and
show the nature or extent of the conflict
alleged.
An allegation of parties TO q suit that they
compose the ompan IL sufncient. and they
are not required to prove that they are the
original locators or tho identical parties who
present the adverse claim.
AGRICULTURAL Or MINERAL LANDS.
Where land lie of little. If any value, for agri.
cultural purposes, but is essential to the
proper development Of mining claims, IL
should be disposed OF under the Mining Act.
Where lands containing valuable mineral
deposits have been included In an agricultural
entry, said entry will be cancelled at any time
prior to issuance of patent. upon satisfactory
| evidence Of the existence OF such valuable do
posts.
Where valuable deposits of mineral are dis.
covered upon a tract sitter the same ias been
entered ~ agricultural. but before l Stent has
been issued. the parties claiming the mine
may make application for patent for same.
and the agricultural entry will be Cancelled e.
that portion Of the land embraced by said
| mining claim.
agricultural lands after the patent has been
issued to an agricultural claimant, they pass
with the patent.
Agricultural College scrip csnnot be
ceived In payment for claims.
ALIENS.
A foreigner may make q mining location
dispose OF 1t. provided he becomes q citizen
before disposing OF the mine. Proof that the
party was not . citizen before dispos;ng Of hts
claim must be afirmatively shown.
Locators and Intermediate owners, 9th or
than applicants. will not be presumed aliens.
In the absence OF allegation or objection prior
to issuance Of patent.
The portion OF . mining claim sold to an
alien cannot be patented while such owner 10
an alien; but on his declAratfons o become .
citizen his right dates back to his purchase,
sud he may thereupon secure United States
patent for hts claim.
GROSS LKDoxs.
Revised Statutes. Section 1856:
Where TWO or more led ges GROSS or intersect
each other, priority Of title shall govern, and
such prior location shall be entitled TO all ore
or mineral eontsined within the space Of inter.
section, but the subsequent location shall have
the right OF way through the spsce Of inter-
section for the purpose Of the convenient